# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 1024V

Filed: March 28, 2017



### * * * * * * * * * * * * * * Special Master Sanders

CORNELIOUS PRYSOCK

, 

### *

* Joint Stipulation on Damages; Influenza

Petitioner, * ( “ Flu ” ) Va ccine; Guillain

- Barre Syndrome



### * ( “ GBS ” ); Annuity.

v. 

### *

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, 

### *

*

Respondent. 

### *

* * * * * * * * * * * * * *

Simina Vourlis

, Law Offices of Simina Vourlis, Columbus

, OH , for Petitioner.

Darryl Wishard , United States Department of Justice, Wa shington, DC, for Respondent.

DECISION 1



### On September 14, 2015

, Cornelious Prysock (“Petitioner”) filed a petition for

compensation pursuant to the National Vaccine Injury Compensation Program. 2 

### 42 U.S.C. §§

300aa

- 1 to

- 34 (2012). Petitioner alleged that as a result of an influenza (“flu”) vaccine

administered on Octob er 22, 2012 , he suffered from Guillain

- Barre Syndrome (“GBS ”)

. See

Stipulation for Award at ¶ ¶ 1

- 4, filed March 28 , 2017. Petitioner fur ther alleged that he

experienced symptoms of this injury for more than six months. Id. at ¶ 4.

On M arch 28 , 2017, the parties filed a stipulation in which they state that a decision should

be entered awarding compensation to Petitioner. Respondent denie s that the flu vaccine caused

1 

### This decision shall be posted on the United States Court of Federal Claims’ website, in

accordance with the E

- Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal

Management and P romotion of Electronic Government Services) . In accordance with Vaccine

Rule 18(b), a party has 14 days to identify and move to delete medical or other information that

satisfies the criteria in § 300aa

- 12(d)(4)(B). Further, consistent with the rule requ irement, a

motion for redaction must include a proposed redacted decision. If, upon review, the

undersigned agrees that the identified material fits within the requirements of that provision, such

material will be deleted from public access.

2 

### The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42

U.S.C. §§ 300aa

- 10 et seq. (hereinafter “Vaccine Act,” “the Act,” or “the Program”). Hereafter,

individual section references will be to 42 U.S.C. § 300aa of the Act.2



### Petitioner’s GBS or any other injury

, and denies that Petitioner’s current disabilities are the result

of a vaccine

- related injury. Nevertheless, the parties agree to the joint stipulation, attached hereto

as Appendix A. T he undersigned finds the stipulation reasonable and adopts it as the decision of

the Court in awarding damages, on the terms set forth therein.

The parties stipulate that Petitioner shall receive the following compensation:

a. A lump sum of $ 817 ,143 .29, which amount represents compensation for first

year life care expenses ($185,647.00), lost earnings ($380,000.00), pain and

s uffering ($250,000.00), and past unreimbursable expenses ($1,496.29), in the

form of a check payable to petitioner;

b. A lump sum of $22,362.04, which amount represents reimbursement of a lien

for services rendered on behalf of petitioner, Cornelious Prysoc k, in the form

of a check payable jointly to petitioner and

Treasurer, State of Ohio

Ohio Tort Recovery Unit

350 Worthington Road, Suite G

Westerville, Ohio 43082

Case Number: 1045910

Petitioner agrees to endorse this payment to the State of Ohio; and



### c. An amount sufficient to purchase the annuity contract described in

paragraph 10 of t he attached stipulation , paid to the life insurance company

from w hich the annuity will be purchased (the “ Life Insurance Company ” ).

Id. at ¶ 8.

The undersigned approves the requested amount for Petitioner’s compensation.

Accordingly, an award should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the

court SHALL EN TER JUDGMENT in accordance with the terms of the parties’ stipulation. 3



### IT IS SO ORDERED.

s/Herbrina D. Sanders

Herbrina D. Sanders

Special Master

3 

### Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of

notice renouncing the right to seek review.